DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No: 4938-20 
Ref: Signature Date 

Dear : 

This is in reference to your application for correction of your naval record pursuant to Section 1552 of Title 10, United States Code. After careful and conscientious consideration of relevant portions of your naval record and your application, the Board for Correction of Naval Records (Board) found the evidence submitted insufficient to establish the existence of probable material error or injustice. Consequently, your application has been denied.
 
A three-member panel of the Board, sitting in executive session, considered your application on 25 May 2021. The names and votes of the members of the panel will be furnished upon request. Your allegations of error and injustice were reviewed in accordance with administrative regulations, and procedures applicable to the proceedings of this Board. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, relevant portions of your naval record, and applicable statutes, regulations, and policies, as well as the 25 June 2020 decision furnished by the Marine Corps Performance Evaluation Review Board (PERB)(the PERB Decision), the 14 May 2020 Advisory Opinion provided to PERB by the Manpower Management Division Records & Performance Branch (MMRP-30)(the AO) and your response. 

The Board carefully considered your request to remove or modify your fitness report for the reporting period 28 June 2018 to 25 February 2019 by changing the reporting senior (RS) portion of the report be not observed. The Board considered your contentions that your attribute marks and section I comments are contradictory to each other and your fitness report is not an accurate depiction of your performance during the reporting period. You also contend that your fitness report contains derogatory section I comments. You claim that your fitness report directly contradicts the comments in your nomination letter for Staff Secretary. 

The Board, however, substantially concurred with the PERB Decision that your fitness report should be retained as modified. In this regard, the Board noted that the AO recommended, and the PERB approved, a correction to your record by removing the section I statement, “SNM works well within his capabilities with the initiative to positively contribute with clear direction.” The Board determined that the Marine Corps Performance Evaluation System Manual does not provide a scale to match attribute marks with section I comments. The Board also determined that there is no requirement that a nomination correlate to the attribute marks or relative value of a fitness report. Moreover, the Board found that there was insufficient evidence to warrant the removal of your contested fitness report. Accordingly, the Board concluded that there is no probable material error, substantive inaccuracy, or injustice warranting further corrective action. 

You are entitled to have the Board reconsider its decision upon submission of new matters, which will require you to complete and submit a new DD Form 149. New matters are those not previously presented to or considered by the Board. In this regard, it is important to keep in mind that a presumption of regularity attaches to all official records. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material error or injustice. 

Sincerely, 
5/28/2021 

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